3-2-11 AIB Radio at talkshoe.com Marie’s assembly. Guest Jean Keating why we don’t win in court.
JK; Why you guys aren’t winning in court. All these courts are privately owned trading companies. The united States district courts are all owned…those are your article one courts. They’re all owned by the united States attorney’s executive offices out of Washington DC which is a privately owned corporation. They’re article one legislative tribunals. They’re not courts. They have a DUNS number, they have a pit code, sip code, NAICS number (North America Identification Security Classification). You have to have that number in order to trade internationally. All these courts are registered with the DOD, Department of Defense. They have a DUNS number which is Data Universal Numbering System. That’s a Dun & Bradstreet.
You have to be registered with CCR, Contractors Central registration under the DOD. They have another department called the DLIS, Defense Logistics Information Service. The DLIS issues a case code that’s spelled CAGE, Commercial And Government Entity which corresponds to the bank account. They have a bank account. They take everything that you file into the court and they securitize it. And these banks [ ] and all these banks are registered, they have a depository agreement, a security agreement and an escrow agreement. And most of them are registered with the Federal Reserve bank of New York city. And they use what they call…North Carolina uses a circular 16, they use as their depository agreement. They take public funds and they deposit them under a…its called a depository resolution agreement. And they have a security agreement which the clerk of the courts signs with the bank. And they have an escrow agent that acts as the go-between the federal reserve bank that they have the account with…so all these courts are taking your money and funneling it into an escrow account. Most of them are in New York. There’s 60 trillion dollars of your money in the federal reserve bank of New York city.
And they’ve told the courts not to rule against the banks on these foreclosure cases. They’re all in bed together. And what these lawyers are doing is acting as private debt collectors. And under the Debt Collectors Practices Act, its called the FDCPA and its title 15 section 1692. In order to be…when you’re a public debt collector you have to be registered with the government, and you have to have a license and you have to have a bond in order to collect debt. Well these attorneys are what you call private debt collectors and they don’t have a…the attorneys are exempted by the BAR association on that provision, but their firm is not. The firm they work for has to be registered and they have to have a license and a bond and they don’t.
And all these court cases that you’re involved in, these attorneys are acting as private debt collectors. And what they’re doing is collecting money from you as private debt collectors and they’re not licensed or bonded to do that. And they do this through what they call Warrant of Attorney. Black’s law dictionary of 1856 defines what a warrant of an attorney is. Its like a writ of execution. Its like a put or a call. When you do a marching call that means they use it to buy equity securities. Cause they securitize everything that you file into court which means they turn it into a negotiable instrument. Then they sell it as a commercial item. They call them distressed debt, these debt collectors, that what Unifund is, they come in and buy up all these court judgments as distressed debt. Then they put them into hedge funds and they sell them to investors globally. And of course when you get into selling debt instruments you’re creating a security risk. Anytime you get into risk management you have to have re-insurance.
That’s where Luer Hermes comes in. They’re an underwriting company. And they’re a sub division of Alliance SE out of Munich Germany. And they’re the US agency that acts as a bond holder for Alliance SE is PIMCO bonds who takes all your securities, they pool them, and that’s what they do on these mortgage loans, go to their web site and it’ll tell you that’s what they do. All of your mortgage loans are securities. The notes have a maturity of more than 9 months so they’re a security by definition. If you go to title 15 section 77 A b 1 it tells you that any note with a maturity of more than 9 months is a security by legal definition and an investment contract. So when you sign and indorse these notes as the drawer and the maker you’re in an investment contract. And you gave them a security. They tale the security and they securitize it. As soon as they securitize it and indorse it for payment, they’ve securitized it. The loan is no longer secured. They’ve collapsed the trust and there’s no corpus in the trust under probate law. And what they do is sell it as a mortgage backed security. Well PIMCO takes the mortgage backed security pools over and sells them as bonds. So bonds actually come from pooled securities. And they sell these on the TBA market globally. And all these courts are involved in that. And the only time you can stop them is when you make them liable and that’s what I’ve been doing. I do a letter rogatory which is a letter of instruction under the Hague convention. And its under title 18 section 1781 and Federal Rules of Civil Procedure I believe its 28 B.
And you tell them what you want them to do. You make a contract with them. When you go into these courts you contract with them. And they run the court room. When I go into court I make them contract with me and then I control the contract. And I tell them what to do because in California its in article 6 section 1 all these courts are courts of record and the courts of record were made for the sovereign, for we the people. You’ll notice when you go into court on a criminal case the caption they have, in California, the people of the state of California versus whoever the defendant is. They do that in a criminal case. Well its the people prosecuting the defendant. The people are the sovereignty. We the people are the people. And what they’re doing is using our courts for commercial enterprise. But if you contract with them on the private side then you can run the court and tell them what to do. And that’s what I do. And I’ve been successful. I’ve won mortgage cases and cases involving car loans. But you have to know how to do it and you have to understand commercial law. You have to understand what a conditional acceptance is under [UCC] 3-502. Once you challenge their authority to make a presentment, and that’s what these attorneys are doing. These attorneys are coming into court and they’re making a presentment on behalf of somebody else. You can’t do that. And nobody challenges them. But I do. I make them prove that they have the authority to make a presentment on behalf of somebody else and the authority to do it. They have to show you the authority. They have to present the document. Another thing that you’re not making them do, when you make a presentment on a mortgage foreclosure case they have to present the note in order to demand payment. They have to present the instrument. Go read 3-502. If they don’t present the instrument they’re not making a presentment. They’re not charging you. To make you liable they have to charge you. If they’re not presenting the instrument they’re not making a valid presentment and you don’t have to accept it. So I don’t accept their presentment.
Caller: Does that hold true in criminal too?
Sure it does. You know what they do on these criminal cases? They rubber stamp them. I’ve got a case right now in federal district court. I’ve shut em down. What they do…all these courts have an account at the IMF, the International Monetary Fund. Go try to get a district court judge’s Oath of Office. They have an oath of office but it isn’t…its filed with the International Monetary Fund. They’re an employee of the International Monetary Fund under Interpol. All these US attorneys work for Interpol. That’s not my opinion I can prove it. I got a copy of the head of the united states attorney’s office is..got an oath filed with Interpol. That makes him an unregistered foreign agent. They’ve expatriated from the united states. So you’re dealing with unregistered foreign agents under title 22 section 686 and I think its 286. And its says that all foreign agents have to be registered. That’s why they don’t have an oath of office. They have one but they don’t produce it because its with the International Monetary Fund. That’s who they’re working for.
Caller: So that’s who you FOIA right?
That’s who you FOIA. And you have drawing rights. Its called special…SDR’s. The reason you have special drawing rights is because you’ve deposited your funds..when they do a court judgment against you its called a distressed debt instrument. They deposit the SDR’s, they deposit these court judgments with the International Monetary Fund. Well, if it involves you, you have a drawing right and you have a right to the proceeds. Go read 3-305. You have a defense in recoupement and under 3-306 you have a possessionary and property right in the instrument and/or its proceeds. Because when they take these instruments..because they’re doing it under title 16 which is…what they’re doing is they’re monopolizing which is a violation of the anti trust law. They’re monopolizing commerce. Interfering with the course of commerce by bringing private claims into a court room. And brings them under title 16 which is unfair trade practices and all these attorneys are doing this. Not some, all of them. My brother is a judge on the superior court bench and he says I’m absolutely correct. He doesn’t like to talk about it because what they’re doing is wrong. They’re fleecing the people because the people don’t know what’s going on. Its all commercial. Stereotyping court cases by calling them civil or criminal but its all civil. 18:32 So what I did was I challenged…I looked at the indictment which was signed by the US attorney. You know what an indictment is, its a true bill. A true bill is a negotiable instrument.
So I said to the US attorney where’s your 1099 OID? I made him read the indictment into the court record and he wouldn’t do it. That’s because there’s no claim on the private side. If you read criminal rule 6 and 7 they have to go before the grand jury for a person that’s indicted, it has to go before a grand jury and get testimony. And you have a right to impanel the jury under criminal rule 6 and 7. If you impanel the jury you have a right to cross examine the jury as to their right to qualify as a juror. That means you’re giving testimony. Well nobody ever does that. That’s because these US attorneys rubber stamp these indictments. They don’t go before a grand jury… None of these indictments are signed by a grand juror. And if they got one they’ve rubber stamped it. Its either rubber stamped or signed by the US attorney which means the US attorney has a private claim. Then if you’ve got a claim against me I want you to produce the 1099 OID showing me as the recipient of the funds if I’m the one that’s being indicted. And they wont do it. They wont produce the OID so I do an OID on them. I show them as the recipient of the funds. Now you’ve got a tax issue. They haven’t paid the tax. They’re getting funds and depositing them in the federal reserve bank of new york and they’re not reporting the income.
So now they’re in possession of contraband. So now you got a tax issue going on in the court room. And that’s what all these criminal charges are, are tax issues. And they’re doing it on these mortgage loans. An employee of Countrywide came into court and testified that none of these notes are being transferred to the REMICS which is a real estate investment trust. And all of these B5 prospectuses… go on the internet and type in 424 B5. Its called a SEC rule. Its a registration rule. All securities have to be registered. And the reason it has to be registered is to get the tax exemption. If they’re not registered with the Securities Exchange Commission they’re taxable. That’s why they have to be registered. When they register them they’re supposed to transfer them, transfer the notes, to the REMIC. But they’re not doing that. In order to get the tax exclusion they have to be deposited or transferred to the REMIC. So they’re not depositing any of these notes in the REMIC. And so they’re in possession of taxable income that they haven’t paid the tax on. Internal Revenue laws calls that contraband. And its a 7201 of title 26 violation willful failure to file with the intent to evade the tax. They haven’t filed the tax return. Ask them if they filed the tax return if you want to see how fast they get rid of your case. They’re in possession of contraband cause they’re holding funds that they haven’t paid the tax on. And if you read publication 950 you have a three million five hundred thousand dollar Unified Tax Credit on the estate side and a one million dollar Unified Tax Credit on the gift side. You are the donor and the grantor settlor. Well you own all these funds that they’re putting into these REMICS. If you read title 26 section 851, 852, 861 and 862 it says that in order to get tax exemption they have to pay out 90% of the taxable income as interest in dividends to the investors.
They’re setting up these bogus trusts to avoid paying the tax on the in-sourcing and outsourcing tax. Because if you use a Real Estate Investment Trust they don’t pay any taxes on the in-sourcing and outsourcing side of the REMIC because they pay out the interest and dividends to the investors. Well if you file a claim as an investor then they have to pay that out to you, the interest and dividends. You’re talking about trillions of dollars. And if you read 16 CFR 433.2 they took it subject to your defenses and claims. And when they do that, that means you have a right to a counterclaim. And if your counterclaim arises from the same transaction occurrence as their claim then you have a mandatory counterclaim under rule 13. If you don’t file the counterclaim you waive it. You have a mandatory counterclaim in recoupement under 3-305 and a possessionary right and a property right in the proceeds and the instrument on the loan. Go read 9-403 and 9-404. That statement has to be on all credit applications because you’re doing a purchase home loan to purchase the home. And that has to be…even if its not in the credit application its there if you read 9-404 subsection d. It tells you its there whether its in there or not. Its there by operation of law. That’s why they’re not…that’s why its called the holder in due course rule. They’re not a holder in due course cause they took it subject to your defenses and claims at closing.
And you never filed a claim so they take it and sell it as a mortgage backed security. And then they take the proceeds and put it in their bank account. And you get nothing. If you can understand that then you can understand why you’re not winning in court. What you’re dealing with is securities. You’re not dealing with negotiable instruments. If you look at your note, all notes, all mortgage loans, all notes on mortgage loans have a maturity of more than 9 months. Read title 15 section 78 c a 10 if a note has a maturity of more than 9 months its a security by legal definition. By statutory definition. That’s a maxim of statutory construction. If its included in the definition of a note its excluded from the definition of a security. If its included in the definition of a security its excluded from the definition of a note. Well if its not a note its not a negotiable instrument. If its not a negotiable instrument how can there be a loan?
28:17 You’ll notice that the bank never signs any of the loan documents. That’s because there never was a loan. Because you have to have a contract between the borrower and the bank in order to have a loan. The bank never signed the deed of trust and they never signed the note. They never sign any of the loan documents. The only person who signs any of the documents is you and a notary to verify your signature. You have to have 2 parties to a contract. They did what they call…Neil Garfield has this on his website, they do what they call a pay forward. The investors put up capital into a trust fund. And they did this before they ever had any mortgage loans. Before you ever signed any loan documents they put up capital. And what the servicing company did they borrowed the capital to buy your loan from the investors. And you are not a party to that contract. That contract is called a pooling and servicing agreement. So the real borrower is the servicing company not the borrower. Not the person that borrowed the money on the deed of trust. So they did an unauthorized loan modification at closing. They made you an undisclosed third party to their pooling and servicing agreement and you can prove that if you get the CUSIP number you can find out which trusts fund has your note. Which REMIC has your note in it. And if you have a court case you can go to the state treasurer’s office and get the CUSIP number. They have the CUSIP number on all these foreclosure cases. The CUSIP number is the Committee on Uniform Securities Processes. Any time you have a CUSIP you have a security. Any time you have a security its been sold on the Securities Exchange Commission website as an investment contract.
Caller: Some people have contacted their state treasurers who sent them back to the county who says they have nothing to do with those CUSIP numbers. How do you answer that objection.
They do have something to do with it because they’re selling…here in California they’re using circular 7.
You can make them produce [the number] under the Patriot Act and that’s what Mitchell Stein is doing. He’s suing Bank of America under the Patriot Act, cause they’re under the DOD under the emergency bank act the war powers act of June 5th 1933. The Patriot Act was passed under the War Powers Act. That’s title 31 section 5311. Its called the Bank Secrecy Act. And they have to file CMIR’s which are Currency Money Reports showing where the source of the funds came from. And the regulations that govern the Bank Secrecy Act are 31 CFR 103.11 of the Code of Federal Regulations. You can make them produce the accounting. This thing is going to jury trial. Mitchell Stein has 1500 plaintiffs. Its a class action lawsuit. The judge has ordered them to produce the currency reports. Its gonna show that the funds came from you if they produce them. And they have to produce them because under the Patriot Act they have to show where the funds are coming from otherwise they can be called..they could be coming from the Taliban under the Trading With The Enemy Act. Remember HJR 192 as passed under the Trading With the Enemy Act. Well they might be getting contraband from the enemy which can be confiscated. So they have to show that. And its the same thing with your county. You need to go into your county and tell them you want a copy of the depository resolution agreement under circular 7. They’re doing electronic transfers under circular 7 which is a depository agreement. Go ask the clerk of the court. They know what’s going on. The clerk of the court is depositing money into the federal reserve bank. You could file a case in court and make the clerk produce the documents. I can show you the government code sections where they have to do that. They have an investment. Its called PMI, Private Money Investment account. And you can make them produce the accounting on that under the Patriot Act. And you can do a FOIA request, Freedom Of Information Act. But you have to know what your rights and remedies are. Otherwise you don’t have any. 37:xx
Its all commercial. You think you’re involved in a criminal case. Its not criminal its civil. Title 18 section 3231 only district courts of the united states have criminal jurisdiction [district is spelled with a small d].
Caller: But I am in district court.
I did the research for senator Wayne Stump. He was looking for the national court, the national seat of government, the common law court for the national seat of government, its the district court of the united states for the district of Columbia. In 1863 it was called the supreme court of the united states to the district of Columbia and it was spelled with a small s just like in article three section one. Prior to that it was called the circuit court of the united states for the district of Columbia. And Roger Tawny used to ride the circuit as a circuit judge. And if you go into the Blanchford and McArthur reports it reports all these common law cases. And this is prior to 1933. So the article three court at the national seat of government under article 8 section one clause 17 is, today its called the united states district court for the district of Columbia. And there’s no yellow fringed flag in any of the court room. That’s an article three section one court.
Caller: Then what’s the superior court of Washington DC?
That’s the parent company for all these superior courts in the states. That’s what Chris Summers says. I haven’t documented it. The constitution says the superior courts are courts of record. The only court that has jurisdiction to foreclose on land is the county court under the organic constitution. If you go into your state constitution. Here in California the original constitution was 1849 then they amended it in 1850. 41:xx
Every state has a Land Commission and they can determine land boundaries which is your meets and boundaries. There’s a difference between land and property. Land is described in meets and bounds which is distance and direction. Your deed of trust has your meets and bounds land description, not a property description. The property description is described by township, range, section, lot number which is what they do in a land patent. Originally they had 640 increments. And they issued a land patent for the acreage and they designate them by lot and section number and township and range number.
45:xx The united States doesn’t own anything. They’re all debtors in possession under a chapter 11 reorganization acting as trustees to the bankrupt estate. They’re all debtors in possession. They’re all in a declared state of bankruptcy. So how can they ever bring a claim against somebody in a court of law when they’re all debtors? How can a debtor bring a claim? They can’t. People have been letting them get away with this. They’re all bankrupt. I’ve got supreme court decisions that says if you’re bankrupt and insolvent..if you’re a company, a corporation, an association and you’re insolvent or bankrupt you’re civilly dead. And if you’re civilly dead you’re naturally and legally dead. Well if you go in there and read these taxing statutes, your chapter 11 and 12, they talk about a decedent, a dead person. Read the cestui que VIE Act of 1666, if you were missing at sea for more than 7 years you were declared…there was a presumption of death. So if you have an estate that exists and there’s no beneficiaries or heirs to that estate then the presumption is there is no heirs or beneficiaries because its intestate. So they do a presumption of death under title 5 section 5565. And I think its 40 CFR section 440 a presumption of death issues because there’s no beneficiaries or heirs to the estate. That’s another reason you don’t win in court. That’s why the judge says I’m not going to let you represent yourself because you’re incompetent.
Caller: How do you break that?
By identifying yourself as the executor. That’s what David Clarence is attempting to do. He’s correct but he doesn’t understand the tax laws. You gotta have the tax laws along with trust law and probate law. You have a legal estate in which there’s no declared beneficiary or heir to the state and you’re coming into court under the all capital letter name which is a legal estate. That’s what that all capital letter name…that’s not a strawman, that’s a legal estate.
Caller: So you go in and identify yourself otherwise?
Yeah. Identify yourself as the beneficiary and executor to the legal estate of the decedent. And I use the word decedent. I’ve actually done this. And here’s another you’re doing that’s wrong. If you sign any document with blue ink, you are signing a dead man’s signature. If you are dead can you come into the court and testify? Go read your dead man statutes. They passed the dead man’s statutes and the courts have adopted that under rule 601of the federal rules of evidence, competency to testify. When these attorneys come into court I tell the judge I don’t want this person testifying. He doesn’t have personal knowledge under 602 and he’s incompetent to testify. He’s testifying on behalf of a dead person. Who’s the dead person he’s testifying on behalf of? The corporation. Read title 26 section 303. Corporations are decedents because they’re individuals and 7701 persons, corporations, companies, associations and trusts are all decedents. Go to the secretary of state’s web site and look under definitions it will tell you that an individual is a decedent. All these corporations are entities, individuals or artificial persons and they’re all decedents. When these attorneys come into court and start testifying, they’re testifying on behalf of the decedent. And unless you object to it under rule 601 they get away with it and they allow their testimony as evidence. I’ve actually done this and stopped anything from getting into the court record. That’s why the court doesn’t have subject matter jurisdiction. Because the real parties in interest..if you study rule 17 A which is standing to come into court and rule 19 A which is joinder. Go into 389 of California code of civil procedure it talks about rule 19 A. If you join the real parties in interest the court cannot rule on the case because the real parties in interest aren’t before the court which are your investors under the pooling and servicing agreement.
Attorneys are substituting themselves for the investors because you’re not objecting. This is why you gotta challenge subject matter jurisdiction. 12 b 1 is subject matter jurisdiction. 12 b 2 is in personam jurisdiction. And 12 b 6 is failure to state a claim upon which the court can grant relief. How many times did you file paperwork into the court and the judge would say I’m dismissing your paperwork because it failed to state a claim upon which the court can grant relief. You haven’t presented claim or defense under 3-306 and 3-305. That’s why you’re losing these court cases on mortgage foreclosures.
And the courts don’t have jurisdiction. These are not land courts. Only a land court has jurisdiction to hear…that’s called the local venue. You want to bring up venue. I have a treatise…we start these classes I’m going to show you a treatise written by a professor that talks about the local venue rule. 53:xx These courts don’t have venue to issue foreclosure on land. Only the land court has the jurisdiction to do that. I have a 1907 decision that came out of California, Robinson. She went in and got an abstract of title from a surveyor, a meets and bounds land description. Not property description. Filed it with the county recorder and did a quiet title action in court and they gave her title to the property. These people don’t own anything. They’re a bunch of pirates. And you’re letting them steal all your land. When they go to a trustee sale do they ever put up any money? Did you know you can’t sell a property on an unlawful detainer unless they put up a cashier’s check or money? Where’s the money they put up to purchase the land? So they’re not a qualified purchaser for value are they? You can’t purchase anything unless you’re a qualified purchaser for value under the Uniform Commercial Code. Cause you didn’t put up any money.
Caller; And there is no money.
And there is no money. So how did they do a loan…read section 8 of the National Currency Act of June 3rd 1864. And its codified in title 12 section 24 paragraph 7. It says they can only loan money. It doesn’t talk about credit. Where did they get the credit from? If they want to argue credit I’ll say okay what was the source of the credit? Where is the source of the credit under the Patriot Act? You’re claiming you loaned me credit? Show me the credit application. Everybody makes them produce the note. Forget the note. Produce the credit application. They monetize the credit application. That’s where your credit came from. Go to the DTC website. I can go to the SEC website and pull a credit card trust..Chevron credit card trust account. Show you the pooling and servicing agreement which is filed with the DTC. The DTC owns both sides of the credit card account. They appoint an indenture trustee and the indenture trustee does the card payments which are your payments you’re making on the credit card go to the beneficiaries because you didn’t claim it. Its abandoned property. You can go in there and claim all of these funds from this credit card account. They did the same thing on credit cards that they do on mortgage loans. Its identical. I can show you the B5 prospectus on a credit card. That’s what I did on one of my students, on a car loan. I did a letter rogatory, went into the SEC website, pulled a B5 prospectus with a pooling and servicing agreement, incorporated the pooling and servicing agreement which showed that they sold all right, title and interest in the receivable. They not only monetize your note or [rather your] security they monetize your receivables and your payables which are accounts. Read title 12 section 1813 L 1. Read FASB regulation number 95 cash flows. It says when a loan is made and the note is deposited in a demand deposit account it becomes a payment to the depositor and a receipt to the bank and a receipt to the depositor and a payment to the bank. So you have 2 receipts and 2 payments. Ask em where your damn receipt is on the payables that they deposited to write the check to the seller to pay for the loan. And you can demand this under the Patriot Act. What are they gonna say?
Caller: How far back can you go on something like this?
It doesn’t make any difference. You can make them do it any time.
Caller: If you sold a house 15 years ago can you go back and get the money you were due?
Sure. I’d make a claim on it. There’s no statute of limitations on a 1099 OID.
Robert Brown is the chief prosecutor for the CID of the Internal Revenue Service. He’s in private practice now. I called him. This is how I learn. I call the IRS all the time. They refer me to the complex issues committee cause they don’t know anything about gift and estate taxes which are capital transfer taxes and that’s what you’re involved in. You’re not involved in income tax. They turn me over to the complex issues committee. They say I’m 100% correct. So I call up Robert Brown and say I have a question about gift and estate taxes. He says what’s your question. So I asked him the question and he says how’d you find that out. I said I read the 16209 decoding manual on the IRS website. The ADP, Automated Data Processing manual. He says you’re not supposed to be reading that. He said that’s for official use only. I said yeah that’s why I read it. He started laughing. Type in IDRS space ADP. Integrated Data Retrieval System. In 2-7 thru 2-11 it says all W2’s, all W4’s, all 1099’s, 1096’s and 1098’s are all class 5 gift and estate taxes. Class 5 gift and estate taxes have to be reported on a 706 or a 709 tax form. 709 is for gift taxes. You have a $350,000 exclusion. You show me a person who makes wages in excess of $350,000. 706 is generation skipping transfer taxes. And they have your Unified Tax Credit or exclusion built into the form.
I called up Alexander Bove who wrote the complete book of wills, estates and trusts.
Everything is a donation. Read title 26 section 2512 b.
Caller: If we receive the donation we don’t have to pay the tax on it, right?
Yeah, the donor is supposed to pay it. Who’s the donor? Your employer. You talk about a, pardon my french, a fucked up system. You’re paying all their taxes for them. Who’s the donor? The person who paid you. He paid you which is a gift so the donor had to pay the tax. Read 2002 of title 26.
Caller: Does that include your military retirement and your social security?
Yes. The donor has to pay it. And if the donor doesn’t pay it the donee has to pay it. Read 6901 H. So what I do is I make them pay it even though I’m the donor. Read 6023 C2. A lien attaches until the tax is paid. Read 2032 A e 11 of title 26 it talks about a qualified heir under section 1014 of title 26. If you’re a qualified heir and you’re the recipient or the receiver of funds from a decedent you are a qualified heir. You have to file a bond with the secretary of treasury to cover the tax liability. That’s the first thing I ask them when I go into court is where’s your bond to indemnify the tax liability as the recipient of the funds from the decedent? You’ve acquired funds from a decedent under 1014 of title 26 and you haven’t paid the tax. You’re in possession of contraband. I’m gonna have the IRS come out here and seize all your property. They put their parachute on and jump out the window. 1:07 These people are getting away with murder because nobody understands what’s going on in the court room. And people that are doing redemption…everybody talks about redemption and if you don’t understand tax law, trust law, commercial law and accounting you can’t understand anything that’s going on. It wasn’t until I started studying all 4 divisions that I understood what was going on in the court room. The judge has his own set of books and so does the clerk. If you really want to shake them up tell them you want a copy of their depository resolution agreement with the federal reserve bank of new york. And watch the look on his face. I can show you the government code section that govern that. 53 600 of the California government code. And that’s what covers the PIMA. Private Money Investment Account. They’re taking all your funds and investing it all and getting all the proceeds and you’re not getting a penny. You’re going to be forced to deal with this issue whether you want to or not. These people don’t own anything, they’re bankrupt and they’re controlling your assets and you’re letting them cause you’re not claiming them.
1:14 If you know 5 or 6 key statements when you take it into the court system they will run away from you.
Download Uniform Trust Code and read sections 401 and 402. It tells how to put a trust together. 406 and 407 says you can do a trust orally. I made the judges and attorneys trustees. And under 3-601 of the Uniform Probate Code I made em put up a one million dollar fidelity bond to guarantee their fiduciary trustee duty as a fiduciary trustee. They sat down for 15 minutes after we served the papers on them, they put the papers down and I got this from the process server, they ran out of the court room, shut the court down, the district attorneys and the judges ran out of the court room, shut the court down for 3 months, hired attorneys to try and get out of this and they couldn’t get out of it.
I did a criminal IRS case and when I filed the declaration of trust they dismissed the criminal charges and went civil with it.
Title 26 was never passed into law. Walter Cox as a supreme court justice of the real supreme court and I have a copy of the speech he gave on the house floor. He says without any legal authority whatsoever, there was three attorneys, and I know all 3 of them, without any legal authority at all they did their revision of the revised statutes of the united states which are where titles one through fifty came from. None of the titles one through fifty have been passed into positive law because they were never presented, and I can show you in the congressional record, where they were never presented to the president and signed into law. He never approved it. So none of your titles one through fifty are positive law.
Caller: Which means?
Well you don’t have any law. They’re regulations. Title 26, that’s the rules and regulations that they operate by and so I use that on them.
Caller: Are you saying title 26 of the Internal Revenue Code is illegal?
What’s ill eagle? That’s a sick bird. Titles one through 50 have not been enacted into law.
Caller: And they sent me to jail for 14 months for willful failure to file.
The court was acting as a backup withholding agent for the Internal Revenue Service. They put you in jail on a tax charge. And so they were spending your interest while they put you in jail as the principal.
Caller: So there’s no statute of limitation on fraud. So I could go back and sue them.
Well why don’t you go get the money. Go after your interest. Interest accrues to principal. Until interest is returned back to the principal you can’t have settlement and closure. You have to assess the tax, make them return the interest back to you so you can do settlement and closure. Tell the judge you want him to settle and close the case and you’re authorizing it. That’s why I appoint them as trustees. I tell them I’m the executor of the legal estate of the decedent, the all capital letter name, which is the legal estate. That’s who they’re bringing the claim against because that’s where all the money is. Its in an escrow account. You don’t have to be appointed to be an executor. Go into 2203 of title 26. It defines what an executor is. It says executor and/or administrator. Every county has an administrator. The administrator is acting as the executor because there’s no beneficiary established on their record. “If there is no administrator or executor been appointed then whoever had actual or constructive custody of the estate property is acting as the executor or the administrator.” You go into court, who has actual and constructive custody of the estate property? Doesn’t the judge? Isn’t he administrating or acting as the estate?
Caller: yes, well who gave him permission to do that?
Well because its abandoned. When its abandoned property and the estate is intestate then it escheats back to the state by operation of law, under probate law. They’re probating your estate. Do you know what a constructive trust is in equity? Download this case; Googenheim v US exploration company.
Here’s what they’re doing in the court room. Because there is no heir or beneficiary or executor on the court record of the defendant who is the legal estate, the court does a constructive trust in equity to give restitution and reimbursement to the plaintiff and appoints the defendant as the trustee. What’s the purpose of a trustee? To run the trust for the benefit of the beneficiary who is the plaintiff on all these cases, civil or criminal? So they make the state the beneficiary and you have to give all your money to the beneficiary under a constructive trust. So what I do is I go in there and they jump out the window. 1:27 I paid $350 to have a trust served on the court and the server said they ran, not walked, out of the court room. I appointed them as the fiduciary trustee. Now they’re the trustees. Now they have to run the court case for the benefit of me.
They took me out of their system. I can give you my name, birth date and social and I do not exist.
To get your money back on a paid off mortgage?
1:31 file an adverse claim under 8-102, 8-105 and 8-505 and 8-508 tells you how to do it. We haven’t done this yet because I want to make sure we’re doing it right that’s why we’re doing all this research. NEFRA is…you have to file the claim…why do you file the claim? Because you’re an investor. I’m an investor. That’s what Neil Garfield said. He says by operation of law you have the same rights but he doesn’t tell you how to do it. What I’m doing is teaching you how to do it.
1:33 file an adverse claim 8-102 with nefra [its FINRA] [to get paid off mortgage money back] you file because you’re an investor
its administrative you dont go into court. Securities Investment Protection Agency corp. Im going to file with nefra
finra. I have a form for filing the claim then you can ask for the proceeds.
FINRA regulates the SEC
If it ends up in court the SIPC, under the SIPA, they’re the agency under FINRA so I’m gonna file the case with FINRA.
Caller; This is just to get back the money people have already paid in to mortgages?
JK: Yeah. Its called FINRA Financial Industry Regulatory Authority.
Caller: Its not NEFRA?
JK: No its FINRA. Go on the internet and look at it. I have the form for filing a claim. I’ll give you the classes and show you how to fill out the form. Its all administrative. They’re gonna have a heart attack when you do this because they owe you all this money. All these investors are going to have to give you back all your money they’ve been taking.
Caller: Didn’t they [ ] on the international market?
JK: I don’t care what they did with it. I don’t care about the note. I want the security, the proceeds. I don’t even get into the loan thing. I want to know where my proceeds are. But you can’t go in there and ask for the proceeds until you file the claim.
FINRA regulates the SEC.
Caller: You’re filing a claim with an agency that’s going to ensure you get paid otherwise the other party is ultimately being a crook and they get fined, penalized.
JK: That’s why these courts aren’t paying attention to your arguments on a loan. There is no loan.
conference ID 17898 at 6pm pacific time Saturdays FINRA first but you need background first, do you know what security entitlement is, do you know what entitlement holder is?
Maria; we have to go thru each definition slowly so everybody can learn what they are
JK: you need to understand why you have a claim. …they don’t transfer [ ] to a REMIC cause they don’t own them. You do.
chisom v georgia, they cannot sue you under the 11th amendment. 11th amendment didn’t change chisom v georgia. The sovereignty is still in the people. Foreign Sovereign Immunities Act. Title 28 section 1601 through 1610. They use the 11th amendment because you don’t use it.
[Every Wednesday night on AIB Radio at talkshoe.com Maria talks about the previous Saturday night private lesson with Jean Keating. Though not in detail, the Wednesday night calls are recorded and can be downloaded at talkshoe.com. Its $100 a month to join Webinex to view Keatings webinar lessons and its $25 per lesson. As of 6-1-11 he still has not gone into detail about the 706 and 709 forms that I know of but I have not signed up for the private lessons.]